Patna High CourtCR. MISC./52497/2024bail granted

Jagat Sah v. The State Of Bihar

2024-08-21Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52497 of 2024 Arising Out of PS. Case No.-62 Year-2024 Thana- CHHAURADANO District- East Champaran ====================================================== Jagat Sah Son of Dhuruv Narayan Sah @ Langatu Sah Resident of VillBahuari, Ward No. 9, P.S.- Lakhaura, District- East Champaran at Present Resident of Vill- Duho-Suho, P.S.- Chhauradano, District- East Champaran. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Madhurendra Kumar For the Opposite Party/s :

Mr.Chandra Sen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 21-08-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offence under Section 7 of the Essential Commodities Act.

3. As per the prosecution case, 60 liters of kerosene oil in two gallons has been recovered from the house of this petitioner.

4. Learned counsel for the petitioner submits that petitioner is neither dealer nor indulged in black-marketing of the kerosene oil. As a matter of fact, the fire broke out due to short circuit and the alleged kerosene oil, which is said to have been recovered from the house of petitioner, is of personal use. Learned counsel further submits that petitioner has not violated any provision under the Essential Commodities Act.

Patna High Court CR. MISC. No.52497 of 2024(2) dt.21-08-2024 2/2

5. Learned A.P.P. for the State has opposed the prayer for anticipatory bail.

6. Considering the aforesaid facts and circumstances, in the event of arrest/surrender before the Court below within a period of six weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Raxaul, East Champaran at Motihari in connection with Chhauradano P.S. Case No. 62 of 2024, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) anay U T